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(영문) 서울서부지방법원 2017.05.18 2016고정1598

상해

Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 2, 2016, around 18:30 on August 2, 2016, the Defendant, at the entrance of the general meeting of the management and disposal of the E Housing Redevelopment and Improvement Project Association, set aside the victim F, who is a director of the above association, from participating in the general meeting at the entrance of the general meeting of the management and disposal of the E Housing Redevelopment and Improvement Project Association, provided a chest with approximately two weeks of the victim's right chest, and provided the victim with a chest prize in need of approximately

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Legal statement of witness F;

1. Application of Acts and subordinate statutes, such as photographs of injuries and diagnostic notes;

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant and his defense counsel asserts to the purport that the defendant's act constitutes a legitimate defense since the defendant's act was done in the process of defending the victim's attack.

In light of the situation at the time of the instant crime, the Defendant’s act, and the body and degree of the injured party’s wife, etc. acknowledged by the evidence duly adopted and examined by the court, it is reasonable to view the Defendant’s act as an attack against the injured party. Thus, it cannot be deemed as a legitimate defense.

Therefore, the above argument is without merit.

In light of the circumstances favorable to the defendant for sentencing, the defendant recognized the crime of this case, and there was no record of punishment prior to this case, and the defendant wanted to have the defendant's wife by agreement with the victim in the course of the trial of this case.

The degree of injury suffered by the victim due to the unfavorable circumstances to the defendant is not somewhat weak.

The above circumstances and other conditions of sentencing, including the Defendant’s age, sex, environment, etc., shall be determined as per the disposition.